1978 (2) TMI 92

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.... DESAI J.-The petitioner, which is a registered partnership firm, is assessable to income-tax. For assessment years 1967-68, 1968-69 and 1969-70 it was required to file its return of income before 30th June, 1967, 30th June, 1968, and 30th June, 1969, respectively, under section 139(1)(a) of the Income-tax Act. It, however, filed its returns for those assessment years on 19th March, 1969, 23rd Oct....

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....said were the minimum imposable under the provisions of the Act. Thereupon the petitioner filed applications under section 271(4A), before the Commissioner on October 11, 1974, requesting him to reduce or waive the amount of minimum penalty imposed upon him by the Income-tax Officer. The Commissioner rejected this request of the petitioner by his order dated August 16, 1975, which is annexed as ex....

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.... since the filing of return of income voluntarily was one of the conditions laid down by law for the grant of relief and since the assessee, who had already been assessed to tax in the previous years, had filed returns for the assessment years in question under such circumstances, it could not be said that those returns were filed voluntarily and that, therefore, the condition precedent to the gra....

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....] 113 ITR 318 (Guj)]. In that case also on a similar ground the relief under section 18(2A) was rejected by the Commissioner. On a true construction of section 18(2A), we have there held that the word "voluntarily" occurring in the relevant statutory provision has to be read with "made full disclosure of his net wealth" and that the concept of voluntary filing of return is irrelevant for the purpo....